Sérvulo and BAS lawyers will debate about public procurement in Funchal Read more
Healthcare security and State Civil Liability: imprisonment and mastery of guilt?
I – Context
Our concerns about what we call, figuratively, imprisonment and mastery of guilt in relation to the state’s civil liability goes back a long time. In 2012, we expressed our concerns in the context of the alert launched by the General Inspection of Health Activities concerning the monitoring of the question of medical error in the context of patient safety, in particular through the existence of risk management policies, like incident and adverse events reporting systems.
At the time we looked at, what we are now recovering for its instructive value concerning the reality in this area, a decision issued by the administrative court, still valid and applicable under the regime approved by Decree-Law No. 48 051, of November 21 of 1967, concerning the right to compensation for damages suffered by individuals during the delivery of healthcare, assessed, according to tradition, in light of the verification of the assumptions of civil liability based on an unlawful and wrongful act.
In particular, our attention was drawn to the decision on the issue by the aforementioned court in the area that has drawn more attention and, correspondingly, where more significant advances have been made in the last decades in the area of Healthcare: security in the delivery of healthcare.
In the context of a disappearance of a patient who, being hospitalized in an Emergency Unit of a hospital, is found dead, fifteen days later, at 1800 meters from the hospital in a vacant lot, the main question to be decided, in the present case, was whether, in this circumstances, the hospital’s officials and agents infringed any legal rule or general principle applicable or infringed any technical and common prudence rules which should be taken into account. On this issue, the court decided that there is no obligation for the hospital to control and/or prevent the patients from leaving the hospital’s emergency unit, thus denying the claim of the Authors in the legal action because the requirements of unlawfulness and guilt were not met.
The current state and scientific knowledge in healthcare have, as was already the case at the time, been raising the greatest concerns of several organizations about the existence of a series of risks and the occurrence of adverse events in the provision of healthcare.
The implementation of the liability principle and its traditional rationalization in the classic assessment of the occurrence of the conditions of an unlawful act, guilt, damage and causal link between the fact and the damage, with the action being rejected if one of these condition is not met, that is to say, in the in casu verification of the conditions of non-contractual civil liability based on an unlawful and wrongful act, they deserve to be re-evaluated for the effective protection of the healthcare services user’s rights in view of the known risks of their activity.
The purpose of this paper is to re-launch a reflection on the importance, in relation to the reparation system for damages caused by the delivery of healthcare, of the traditional model of guilt-based civil liability and of the changes that the objective production of damages to healthcare service users associated to its inherent risks requires in a framework of apparent imprisonment to aquiline civil liability.
II – The legal protection of citizens in relation to security in the delivery of healthcare
Healthcare safety has been the subject of several conceptualizations, which have been produced around the term Patient Safety, which refer to reducing the risk of unnecessary damage in the delivery of healthcare to an acceptable minimum. An acceptable minimum refers to the collective notion, in light of current knowledge, available resources and in the context in which healthcare was provided as opposed to the risk of non-treatment or other alternative treatment.
In the Portuguese legal system, the rights of healthcare service users are established, among others, in the Constitution of the Portuguese Republic, in the Basic Health Law, approved by Law no. 48/90 of 24 August, in the National Health Service Statute, approved by Decree-Law no. 11/93, of January 15, in the Legal Regime of Hospital Management, approved by Law no. 27/2002, of November 8 and Law15/2014, of March 21, and in the Charter of Rights of National Healthcare Service Users Access to Healthcare, approved by Ordinance no. 153/2017, of May 4.
The protection afforded by law in the area of healthcare safety derives, in particular, from the right to life (see article 24 of the Constitution of the Portuguese Republic), the right to physical and moral integrity (see article 25 of the Constitution of the Portuguese Republic) and the right to health protection (see article 64 of the Constitution of the Portuguese Republic). The articulation of these fundamental rights and their orientation towards the protection of human dignity require, as far as the State is concerned, the guarantee and protection of physical and biological existence (…) implies: (a) not being able to dispose of people’s lives, in any way whatsoever; (B) an obligation to protect people’s lives from attacks or threats by others; (C) the duty to abstain from actions or the use of means that create an unnecessary or disproportionate danger to people’s life, it’s also within the State’s power, to prohibit health institutions of performing degrading or human treatments that can attack or offend, the body or spirit, by physical or moral means, the individual sphere of its users and also require the State to refrain from any act detrimental to health and to promote a “high level of protection of human health”.
The binding to these fundamental rights dictates that the State should ensure that citizens who use healthcare services are able to reduce the risk of unnecessary damage related to healthcare to an acceptable minimum, that is to say to ensure that healthcare is provided in a secure environment.
At the infra-constitutional level, without disregarding the duties of vigilance of healthcare professionals and healthcare services, which also results in the right of users to benefit from the delivery of healthcare in safety, the recognition of which, as defended by some authors, leads to the extension of the scope of unlawfulness for civil liability purposes, the express provision of a right of healthcare service users only obtained support in the texts produced by the Administration.
Regarding the quality of healthcare, without prejudice to the right to create public healthcare services and for them to function in accordance with their legitimate interests, according to paragraph 2 of Base V, Basic Law on Health only states that healthcare service users are entitled to be treated with adequate means, humanely and promptly, with technical correction, privacy and respect (Basis XIV, paragraph 1 c)). The same provision came to be incorporated in Law no. 15/2014 of March 21, which article 4, paragraphs 2 and 3, consecrate the rights of healthcare service users to the delivery of the most adequate and technically correct healthcare and provided humanly and with respect to the user. Without ruling out the need to interpret these legal norms in a current and systematic manner, which leads to the claim that the right to quality and safe healthcare is included there, it’s clear that only Article 29 of the Charter of Rights of Healthcare Service User, prepared by the Health Regulatory Entity in June 2005, expressly states the right of healthcare service users to safety in the delivery of healthcare.
Comparing the two, we see that the French legal system provides a safeguard of security in the provision of healthcare as a person’s right. Article L. 1110-5 of the Code de la Santé Publique, approved by the Law of March 4, integrated in the chapter dedicated to the person’s rights determines that Toute personne a, compte tenu de son état de santé et l’ urgence des interventions que celui-ci requiert, le droit de recevoir les soins les plus appropriés et de bénéficier des thérapeutiques dont l’efficacité est reconue et qui garantissent la meilleure sécurité au regard des connaissances médicales avérées.
Keeping an eye on the developments at Community level, in particular in view of the adoption of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the exercise of patients’ rights in cross-border healthcare, that aims to define rules to facilitate access to safe and high-quality cross-border healthcare in the Union, the implementation of which was put into practice by Law No 52/2014 of 25 August, it’s necessary to consider the recognition by the Directive of several healthcare users rights, namely, by article 4 of the Directive, the right to have healthcare provided to them in accordance with the principle of access to good healthcare and in accordance with the established standard of quality and safety. Law no. 52/2014, of 25 August, followed this provision in Article 4, no. 1, and also laid down the duty of healthcare providers to provide information to the patient on the mechanisms of quality control and safety of the healthcare they provide [cf. paragraph b) of no.1 of Article 6].
Without prejudice to the absence of express legal provision, our opinion is that safety in the delivery of healthcare is a right of healthcare service users, which binds these services and professionals to their services, reflecting the duties and obligations of these services and professionals, within the scope of the legal relations established with the first.
III – The State’s civil liability and protection of citizens affected by adverse events in the delivery of healthcare
The fundamental law, which consecrates, on the one hand, the fundamental rights on which the right to safe healthcare is founded, also consecrates the principle of the responsibility of public authorities (State and other public entities) for damages caused for actions or omissions practiced in the exercise of their functions and, because of that exercise, prejudicial to the rights and interests of individuals.
As Professors Gomes Canotilho and Vital Moreira argue, although some doctrine maintains that the scope of the legal provision contained in article 22 of the Constitution of the Portuguese Republic is limited to liability for unlawful and culpable acts, or at least unlawful acts, the constitutional protection of the right to reparation of damages should be extended to those cases of “responsibility for risk” in which there is an infringement of rights, freedoms or guarantees or damages for individuals derived from actions or omissions by the public power.
In the pursuit of this right to reparation for losses caused by the exercise of public powers by the State and other Public Entities, the ordinary legislator has established various forms of civil liability related to the administrative function, namely the provision of healthcare by the institutions and services integrated in the National Healthcare Service.
The legislator first stated, in Article 7 and following, the Extra-contractual Civil Liability Regime of the State and other Public Entities, that civil liability is based on unlawful acts, that is, actions or omissions by officers, employees and agents that violate constitutional, legal or regulatory provisions or principles or that violate technical rules or objective duties of care and result in an offense of rights or interests legally protected (Article 9, no.1) or in the abnormal operation of the service .
The complexity of healthcare services and the multifactorial causality of the occurrence of adverse events, in the sense of an accidental, atypical, unintentional and avoidable event, contemplates situations of objective occurrence of damages to privates caused by those events that are not attributable to the performance of any healthcare service officer, employee or agent, in particular, because it’s not possible to identify the perpetrator or perpetrators of the facts that gave rise to it, thus frustrating the enforcement of civil liability, at least under this method.
In the case of civil liability based on an unlawful act, still without abandoning the demand for the verification of the guilt requirement, the legislator ruled about the situation where damage is attributable to an abnormal functioning of the service by focusing the assessment of guilt on the service, that is, in the verification that its organization or its operation, in the case, have objectively taken place with a standard of diligence lower than that which, due to the circumstances and average standards of result, would be required to the service to avoid the damages produced.
This will be, in fact, the form of tortious civil liability that provides, in the current legal framework, a greater protection to healthcare service users in terms of compensation for damages they suffer as a result of the occurrence of adverse events during healthcare delivery, whenever its delivery is associated with risks not attributable to any particular conduct.
The risk-based liability method, in defiance of the dominant tradition of guilt-based civil liability, would be, in theory, the one that would be more suitable to guarantee the protection of citizens’ rights for the compensation of damages produced within the scope of casual risk inherent to a healthcare service. The removal of this form of civil liability from any negative judgment relating to the act that caused the damage, based on the requirements of who creates a risk answers for its consequences or whoever has under their control a thing or an activity answers for the risks they involve, would allow it to be considered as the best guarantee to the right for compensation for unnecessary damages related to healthcare that, given current knowledge, available resources and in the context in which the healthcare is provided, are considered to be avoidable by healthcare services.
The risk-based administrative liability is, however, restricted to certain facts, that is to say, facts resulting in damages arising from activities, things or administrative services which are particularly dangerous (Article 11, no. 1 of the RCEEP ), in the sense of being potentially more damaging to goods than normal. The need that such a requirement is met from the perspective of such “fact”, in our view and in view of the restrictiveness of that qualification, constitutes an obstacle to its application so that justice and equality are served in the cases that concern us. All this is in crisis.
The national jurisprudence has gradually, although under an apparent reserve in relation to its qualification as a particularly dangerous activity, to recognize margins of danger in healthcare service.
Directive 2011/24 /EU also imposes an obligation on Member States to ensure that there is a professional liability insurance plan, or a similar guarantee or provision that is equivalent or comparable to its purpose and is adapted to the nature and to the extent of the risk, for treatments carried out on its territory (Article 4, no.2 paragraph d)). In other words, the Directive obliges the Member States to adopt a civil liability framework or a guarantee or provision intended for the same purposes, the compensation for damages suffered in the course of the delivery of healthcare, adapted to the nature and extent of the risk which, of course, cannot be exempt from being built in view of the risks inherent to the delivery of healthcare known at the present date nor impervious to the continuous developments in this field.
The evolution of healthcare sciences and the progressive knowledge of the risks that affect healthcare delivery, the principle of the rule of law, human dignity and justice and equality require a legal framework that protects the citizens’ rights and, in their objective occurrence, to be compensated for the damages suffered as a result of the risks associated with the delivery of healthcare without unjustified and disproportionate burdens.
The solution envisaged in France in the Code de la Santé Publique for the establishment of a right to compensation based on national solidarity in respect of the damage caused by a medical accident, of a iatrogenic affection or of a nosocomial infection is, if not an example, a potential model to be adopted at the national level, in an eventual and foreseeable revision of the state’s civil liability framework in the exercise of the function of providing healthcare.
IV – Conclusion
Both internally and externally, quality health care and insurances are imperative today, deserving the integration expressed in the catalogue of healthcare service users’ rights and the densification in terms of duties and obligations of professionals and services that develop their activity in the area of healthcare.
Their importance for the respect for human dignity and for the exercise of fundamental rights calls for legal systems to safeguard a more effective protection through legal mechanisms and institutes that promote social justice.
The developments that we have seen in the past decades in the field of healthcare sciences and the advances in the knowledge of the risks inherent to the activity of healthcare require a disruption with the tradition of guilt-based civil liability in healthcare and the demonstration that legal systems are keeping up with the developments in science, while maintaining, at least, equal guarantees of protection for citizens.
Marco Aurélio Constantino, advogado da BAS
Read the Portuguese version here.
More in Communication
- Public Protection
- law firm
- BAS
- Covid-19
- 10 years
- anniversary
- Best Lawyers
- Portugal
- Who's Who
- Video surveillance
- Privacy
- Minors
- Health and Sciences
- Public Policies
- Coronavírus
- Atividade
- Real Estate 2020
- Corporate Law
- Legal Persons
- Companies
- Professional Secret
- Confidentiality
- Changes
- Public Law
- Life Sciences
- Awards
- Labour Awards
- Law
- Exceptional Measures
- State Budget
- Contracts
- Iberian Lawyers
- Lay-Off
- Lay-Off
- Mental Health
- Stress
- Saúde mental
- Leaders League
- Actualidade Ibérica
- Almedina
- Idealista
- APMEP
- Congress
- MIPIM
- SIGI
- REIT
- Imobiliário
- Mozambique
- ICLG
- Moçambique
- Secrecy
- Professional secrecy
- Labor
- ILO
- International Labor Organization
- RCBE
- sociedades
- pessoas coletivas
- Expo Real
- National Health Service
- NHS
- Hospitals
- Book
- PhD thesis
- Schools
- CNPD
- Gig Economy
- Emprego Público
- Public Sector Employment
- Contratação Pública
- Staff Costs
- Fiscal Law
- PPC
- Whistleblower
- Direito Civil
- Flextime
- Direito da Saúde
- Family Law
- Environmental Law
- Global Mobility
- ranikings
- Medicina Law
- pessoas coletivas
- M&A
- Proteção de
- international
- Laboral Law
- Public Employment Law
- Health Law and Social Security
- Labour and Social Security Law
- Electronic Invoice
- Tax Law
- Civil Law
- Commercial Law
- Public Contracts
- Electronic Invoicing
- Gender Equality
- Medical Error
- Forty Under Forty
- Self-Employed Workers
- Competition Law
- Employment Law
- Directory
- law firms
- Digital Era
- Global Business
- European Congress
- medical law
- Money Laundering
- Transparency
- Personal Data
- Minimum Wage
- Healthcare
- Secutity
- State
- Labour
- Sport Law
- Employment
- Partnership
- Chambers and Partners
- Public Employment
- Directories
- Business Law
- Students
- Trainees
- Administrative Law
- Administrative Litigation
- Guide
- conference
- Local Housing
- Public Procurement
- Health
- Innovation
- Data Protection
- Advertising
- Medicines
- Medical Devices
- Sports Law
- Real Estate
- Fairs
- Sports
- Guides
- Ranking
- Lawyers
- Magazine
- Law School
- Job
- Sport
- Press
- Women's Human Rights
- Women
- Human Rights
- Independent Workers
- Health and Life Sciences
- Health Law
- Chambers
- webinar
- Infarmed
- Helpo
- Workshop
- Football
- Iberian Lawyer
- Equality
- Man
- Woman
- Equal Pay
- Real Estate Law
- Immigration
- Foreign Investment
- Jornal Económico
- Marketing
- Chambers Europe
- In-Lex
- Emails
- Golden Visa
- traffic accident
- Team
- Labor Law
- Social Security
- Em
- Labour Code
- Family
- GRDP
- Research
- Clinical Research
- GDPR
- Children
- Industrial Property
- Social Security Law
- Europe
- Award
- Health and Scieces Law
- Labour Law
- Right of Preference
- Civil and Labour Litigation
- Local Accommodation
- Lawyer
- Social Responsability
Smart work and the new trends on the labor sector Read more
Exclusion of people from a football stadium Read more
Cláudia Monge participates in a book celebrating the 40th anniversary of the NHS Read more
BAS celebrates eight years Read more
BAS in the Iberian Lawyer’s Lisbon Annual Report Read more
Registrations open for the workshop on GDPR implementation Read more
Young lawyers and entry into the labor market Read more
News from MIPIM 2019 Read more
Cross-border transformation of companies and the protection of creditors Read more
BAS organizes the workshop “Two years of General Data Protection Regulation. Are we ready?” Read more
Press: BAS with five lawyers listed in Best Lawyers Read more
Cláudia Monge analyses new data protection regulation Read more
Catarina José focuses on the practical implications of GDPR Read more
Paris opens its doors in May to receive Portuguese real estate Read more
Public Health Policies in review Read more
Preliminary consultation: the implementation of informality Read more
COVID-19: Exceptional and temporary Measures in Response to the Epidemiological Situation Read more
The reform of the employment contract of sports practitioners Read more
BAS represents the Portuguese jurisdiction in Employment & labour 2018 in the International Comparative Legal Guide Read more
Team BAS reinforced Read more
Rebenta a Bolha! (The game is over) Read more
GDPR Organizational Technical Measure – What now? Read more
BAS shortlisted for the Iberian Lawyer Labour Awards Read more
Partner of BAS on the Best Lawyers’ directory Read more
Claúdia Monge coordinates Medical Law course Read more
“Whistleblowing” alerts for companies with 50 or more employees Read more
Advogar: BAS present at MIPIM Read more
10 years, 10 partners, 10 stories: Marco Aurélio Constantino Read more
Five lawyers of BAS were recognized in Best Lawyers Read more
10 Key steps for compliance with the GDPR Read more
Data Protection Officer of public entities Read more
The changes in the Public Procurement Code Read more
Updated Version: BAS Simplified Lay Off Guide Read more
General Data Protection Regulation and Health Data Read more
Isabel Sousa Castro in the ranking Top 50 Iberian Lawyer Rising Stars Read more
Artur Filipe da Silva e Diogo Moreira Ramos author a chapter on real estate in Portugal Read more
Sports Law seen out of the box Read more
The right to health and the fulfillment of the person Read more
Cláudia Monge speaks about medical secrecy and secrecy in law Read more
New general regulation for data protection Read more
The “de minimis modifications” in the scope of supplementary benefits Read more
Comments to the Public Procurement Code Read more
FDUL provides courses in Law, Finance and Justice of Sport Read more
The tax regime of crypto active assets foreseen in the draft law of the State Budget for 2023 Read more
BAS at the European Employment Lawyers Association conference Read more
CELIA ALLIANCE publishes article from BAS about Portugal Read more
Women in Law Read more
New rules for transparency in advertising Read more
The intriguing figure of the Data Protection Officer Read more
Labour Law: changes to the Labour Code Read more
BAS lawyers in the Best Lawyers’ Global Business edition Read more
Public Procurement and Pre-contractual Litigation under discussion: Analysis and evaluation of the proposals Read more
Local accommodation: will a global problem have a national solution? Read more
BAS at the EELA annual conference Read more
BAS grows stronger with the arrival of Isabel Sousa Castro as associate lawyer Read more
Summer Course on General Data Protection Regulation at the University of Lisbon School of Law Read more
Cláudia Monge contributes to the book The Secrets in Law Read more
BAS and real estate trends Read more
General Regulation on Data Protection and the processing of personal data Read more
New Decree-Law no. 73/2021, of 18 August Read more
JM Seminar: Sports Law and Sports Policies Read more
Information session on the changes to the Labour Code Read more
Direct award and the re-enacting of prior consultation Read more
Health: When data protection demands special attention Read more
Master of Sports Law Read more
COVID-19 – Exceptional Measures for Public Procurement and Expenditure Authorization Read more
Real Estate Brochure Read more
The (minimum) guarantee period for a (new) movable property Read more
BAS joins the Helpo sponsorship program Read more
Chambers and Partners recognizes BAS lawyers Read more
BAS celebrates its 10th anniversary Read more
New BAS services: Immigration and Foreign Investment Read more
Tax regime of crypto active assets foreseen in the draft law of the State Budget for 2023 Read more
Video surveillance, GDPR Implementing Law and the Labour Code Read more
Cláudia Monge will be a speaker at the conference on General Regulations for the Protection of Personal Data Read more
Real Estate Consulting Read more
Isabel Sousa Castro joins BAS team (Advogar) Read more
Pedro Madeira de Brito speaker at the ILO centenary Read more
BAS integrates two associate lawyers and a consultant, strengthening strategic areas and betting on new areas of expertise Read more
Cláudia Monge in a conference in Sintra on Medical Error Read more
Sports Law under analysis at the Faculty of Law of the University of Lisbon Read more
Who’s Who in Business Law in Portugal: Dalia Cardadeiro’s expectations for 2020 Read more
Developments in data protection and compliance can mean employment laws are quickly outdated Read more
What changes with the new Local Housing Law? Read more
Debate and book on Public Procurement Legal Framework Read more
In 2019, there will be more changes in the contributory scheme for Independent Workers Read more
2019 Highlights Read more
JM Sports Seminar: Pedro Madeira de Brito opens afternoon session Read more
Data protection in Workshop Read more
Notes on disqualifications from the exercise of trade: old tradition and recent developments Read more
Press: BAS reinforces its team with two new associate lawyers Read more
BAS Portuguese Simplified Lay Off Guide at Iberian Lawyer Read more
Press: Alexandra Almeida Mota practical talks about restructuring in Europe Read more
The Women’s Human Rights Summit Read more
Local Housing: Global Problem, National Solution? Read more
BAS lawyers at EELA meeting Read more
The exceptional and temporary regime for price revision and award Read more
Changes to the Labour Code Read more
BAS in the 14th In-Lex Edition Read more
BAS lawyers at the annual EELA meeting Read more
BAS at the Portuguese Real Estate and Tourism Show in Paris Read more
Public Procurement and Innovation Read more
General framework of the new GDPR and national law – Of medical data in particular Read more
Pedro Madeira de Brito co-authors the ‘Commentary on the European Convention on Human Rights and Additional Protocols’ Read more
Termination of Decree-Laws related to COVID-19 Read more
The recent changes in the assumption of multiannual liabilities by NHS entities Read more
Press: Employment Law Webinar Read more
BAS reinforces its team with three trainee lawyers Read more
BAS at SIPP Read more
Advogar: BAS distinguished with The Best Health Law Firm 2018 Award Read more
The consent of minors and the GDPR Read more
Football: The Right of Preference Read more
Pedro Madeira de Brito participates in the new edition of the Annotated Labour Code 2020 Read more
Summary of the ruling of the Supreme Administrative Court (First section) of 16.11.2017, case No 0935/17, rapporteur: Teresa de Sousa Read more
COVID-19 – Support clients in times of mutual assistance of all and for all Read more
Do you still receive advertising emails to which you did not give consent? Read more
Chambers Europe 2018 recognizes BAS partners in the area of Labor Law in Portugal Read more
EELA Conference 2017 Read more
The impact of the new Data Protection Regulation on the Schools Read more
Funchal debates Public Procurement and Litigation Read more
BAS named the Best Health Law Firm 2018 Read more
BAS was present at Real Estate Fair in Paris Read more
Pedro Madeira de Brito Publishes Book on Labour Law Read more
New legislation to fight against money laundering Read more
Cláudia Monge is a speaker at the Infarmed symposium Read more
BAS and the outcomes of MIPIM Read more
BAS with three new trainee lawyers Read more
The new restrictions on loans of professional football players Read more
Amendments introduced to the Labour Code Read more
Transparency in the advertising of medicinal products and medical devices Read more
Dália Cardadeiro in the Who is Who in Business Law in Portugal directory Read more
New European thresholds are applicable to public procurement Read more
BAS debates restructuring processes in webinar on Labour Law Read more
II Workshop – The National GDPR Enforcement Act: What to Expect? Read more
BAS supports the 4th Public e-Procurement Congress Read more
How Portugal adopted the Real Estate Investment Trusts (REIT) regime Read more
Advocatus: BAS distinguished with The Best Health Law Firm 2018 Award Read more
Catholic University’s Law JobShop: BAS at the market of opportunities Read more
The draft law for a new Industrial Property Code Read more
BAS and Sports Law Read more
ICLG: BAS writes about Labour and Employment Law in Portugal Read more
What has changed in the contribution regime for self-employed workers? Read more
Iberian Lawyer: “10 years of BAS Law Firm” Read more
Smart work: The Law and the new trends in the labour market Read more
Beneficiary Central Registry BCR Legal Regime – What are the obligations of a Company After the First Declaration Read more
Pedro Madeira de Brito distinguished by Best Lawyers Portugal 2017 Read more
Margarida Ferreira discusses European legislation and its application in Portugal Read more
Engaging and terminating managing directors in Europe Read more
Real Estate: BAS will be present at Expo Real in Munich Read more
SB2020: Overall charges paid for service contracts Read more
Marco Real Martins nominated for the Forty Under Forty awards Read more
Advogar: BAS partners discuss Public Purchases in Health Read more
BAS listed in the 15th edition of In-Lex Read more
BAS celebrates its ninth year Read more
BAS Agenda: 13th National Congress of Electronic Public Procurement Read more
Advogar: BAS lawyers author a chapter on real estate in Portugal at ICLG Read more
Cláudia Monge opens workshop intended to review the first year of GDPR Read more
New sports law magazine Read more
BAS ranked in Chambers Europe 2020 Read more
The amendment to the Public Procurement Code Read more
BAS in the 13th In-Lex Edition Read more
BAS strengthens its team with the arrival of Luciana Sousa Santos Read more
BAS presence in Expo Real 2016 Read more
The framework of satellite clubs Read more
BAS and Legalline Mozambique in Employment & Labour Law 2018 Read more
BAS in the Advocatus Search a Lawyer Guide Read more
Partnerships for innovation, for what and how? Read more
Portuguese companies at the Real Estate Show in Paris Read more
The new Equal Remuneration Law under review Read more
Press: Best Lawyers distinguishes Portuguese law firms and lawyers Read more
Key developments in the revised Public Procurement Code Read more
The concept of Beneficiary Entities for purposes of the legal framework applicable to the advertising of drugs and medical devices Read more
Clinical Research and GDPR: Are compromises possible? Read more
Data Protection: BAS joins APDPO Read more
BAS on the directory Who’s Who in Business Law Read more
New understanding of what “staff costs” are and their consequences Read more
Effects COVID-19: Extension of deadlines for implementation of electronic invoicing in public contracts Read more
New regime of Article 256-A of the Public Procurement Code Read more
Company Agreement under the microscope Read more
Tie-breaker criteria in the revision of the Public Contracts Code Read more
New minimum wage and update of service contract values Read more
Take a step back and reassess your priorities Read more
Sports Law in 5 questions Read more
GDPR and consent for scientific research Read more
BAS lawyers distinguished by Leaders League Read more
Processing data of children and young people in light of the new GDPR Read more
The extraordinary update of the price of service procurement contracts with multiannual duration Read more
BAS authors chapter on Labour Law in Portugal and Mozambique Read more
Catholic Porto analyses the impact of the processing of personal data Read more
BAS named Marco Aurélio as new partner Read more
BAS authors a chapter on Mozambique at ICLG Read more
BAS represents Portugal in EU Employment and Social Security Law Webinar Read more